Garraway v. Ciufo et al

Filing 127

ORDER DENYING Plaintiff's 123 Motion for Trial Date as Premature, signed by Magistrate Judge Gary S. Austin on 03/30/2021. (Martin-Gill, S)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 MITCHELL GARRAWAY, 7 8 9 Plaintiff, vs. 1:17-cv-00533-DAD-GSA-PC ORDER DENYING PLAINTIFF’S MOTION FOR TRIAL DATE AS PREMATURE (ECF No. 123.) JACQUILINE CIUFO, et al., 10 Defendants. 11 12 Plaintiff is a federal prisoner proceeding pro se and in forma pauperis with this civil rights 13 action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). This case now 14 proceeds with Plaintiff’s original Complaint filed on April 17, 2017, against defendants 15 Jacqueline Ciufo (Unit Manager), K. Miller (Corrections Officer), and Lieutenant J. Zaragoza 16 (collectively, “Defendants”), for failure to protect Plaintiff in violation of the Eighth Amendment. 17 (ECF No. 1.) 18 On March 8, 2021, Plaintiff filed a motion requesting the court to schedule a trial date for 19 this case. (ECF No. 123.) Plaintiff’s motion is premature. The court shall not schedule a trial 20 in this case before the pending settlement conference scheduled in this case for May 25, 2021, 21 has been resolved. 22 23 Therefore, IT IS HEREBY ORDERED that Plaintiff’s motion to schedule a trial for this case, filed on March 8, 2021, is denied as premature. 24 25 26 27 28 IT IS SO ORDERED. Dated: March 30, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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